Third Parties in International Commercial Arbitration

Hardcover | January 23, 2011

byStavros L. Brekoulakis

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Adopting a comparative, international approach, this book is predominantly concerned with the impact of arbitration proceedings and arbitral awards upon third parties. The role of the third party has fast become a pervasive problem in the field of international arbitration, as parties notbound by an arbitral agreement are seen to be excluded from the process, even if they clearly maintain a legal or financial interest in a dispute between those persons who are bound by an agreement.Brekoulakis tests the consensual boundaries of arbitration, considering whether it is possible for arbitration to impact upon persons that are neither contractual parties to an arbitral agreement, nor parties to the proceedings themselves. Particular emphasis is placed upon commercial contracts suchas construction, which involve multiple parties or groups of companies.Third Parties in International Commercial Arbitration proceeds to examine those theories relied upon by courts and arbitral tribunals in order to determine the parties to an arbitral agreement, and in its course questions whetherthird-party mechanisms such as joinder, intervention or class-actions can or should be applied to arbitration proceedings. Ultimately, this book not only offers comprehensive coverage of existing materials and case law, but goes so far as to suggest new approaches to an area of arbitration that is still largely undetermined.

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Adopting a comparative, international approach, this book is predominantly concerned with the impact of arbitration proceedings and arbitral awards upon third parties. The role of the third party has fast become a pervasive problem in the field of international arbitration, as parties notbound by an arbitral agreement are seen to be ex...

Dr Stavros L. Brekoulakis is an attorney-at-law and a lecturer in International Dispute Resolution at the School of International Arbitration, Queen Mary University of London. He studied law at Athens and London and obtained an LLB from Athens, his LLM from King's College London, and his PhD degree from Queen Mary University of London...
Format:HardcoverDimensions:304 pages, 9.69 × 6.73 × 0.98 inPublished:January 23, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199572089

ISBN - 13:9780199572083

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Table of Contents

IntroductionI:Legal Bases for Third-Party Claims I: Traditional Theories of Contract and Corporate Law, Terms in1. Third-Party Claims Pursuant to Traditional Theories of Contract and Corporate Law2. Further Legal Bases for Third-Party Claims: Arbitration Agreements, and Arbitration Rules and LawsII. Legal Bases for Third-Party Claims II: Implied Consent and Non-Signatory Theories3. The Doctrine of Arbitral Estoppel4. The Doctrine of Group of Companies5. Critique on the 'Non-Signatory Theories' and the Contractual Approach to Third PartiesIII. A Jurisdictional Approach to The Discussion on Arbitratioin and Third Parties6. Why and Under Which Conditions Tribunals Can Assume Jurisdiction Over a Third-Party Claim7. When a Tribunal Should Assume Jurisdiction Over a Third-Party ClaimIV. Arbitral Awards and Third Parties8. The Legal Effects of Arbitral Awards9. The Suggested Third-Party effect of Arbitral Awards10. Special Issues on the Effect of Arbitral Awards11. Summary of Findings